对一例“二奶”请求实现遗赠案判决结果的法律思考

Thought on a Sentence of a Case: a “Concubine” Requesting the Execution of Donation by Will

文章主要对一例“二奶”请求实现遗赠案判决结果作法理上的剖析,认为同居行为和遗赠行为是两个独立的民事行为,道德规范和法律规范是调整范围不同的两个行为规范,法院不能以同居行为违反法律和社会公共利益来否认一个合法有效的遗赠行为。

This essay analyses from the point of view of law a case that a 揷oncubine?who requested the execution of donation by will. The author of this essay holds that the court shall not deny a legal donation by will by considering the behavior of cohabitation as violating law and public morality, because the behavior of cohabitation and donation by will are two separate civil behaviors, and code of ethics and legal provisions belong to two different categories.